Travellers' groups have expressed their disappointment at President McAleese's decision to sign a controversial new law dealing with trespass. The Travellers had asked the President to refer the legislation to the Supreme Court to test its constitutionality.
The Housing (Miscellaneous Provisions) Bill 2001 adds a new section to the Criminal Justice Act making trespassing on land a criminal offence. The President decided not to refer the legislation to the Supreme Court.
Both houses of the Oireachtas passed the Bill before the Easter recess. The section in the Bill dealing with trespassing was introduced after problems last summer with large-scale traveller encampments.
Under current law, landowners must take court action to force travellers to leave their property. The new rules would allow Gardaí to arrest suspects without a warrant, order people to move, and remove property such as caravans without the knowledge of the owner.
Those convicted on a first offence could face a fine of €3,000 or a month in jail. Travellers' groups have strongly criticised the proposed law.
It was the third time the Council of State met during Mary McAleese's Presidency, and only the second time it has considered legislation.
The last time, in June 2000, two laws were referred to the Supreme Court - the 20% social housing requirement in new developments under the Housing Bill, and the two-week limit for appeals against deportation orders for illegal immigrants. Both bills were found to be constitutional.
